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Tuesday, March 9, 2010

DWI/DUI Breath Test- Dismissals in DC

The Washington D.C. Police Department is trying to determine what went wrong with the police department's breath alcohol machines. The department uses the Intoxilyzer 5000 EN machine. The police department has called for an investigation into the matter. Meanwhile, attorneys representing those accused of DWI/DUI are finding their clients cases reduced or dismissed. According to an article in the Washington Examiner, the city has "rebuffed" several judges requests for an explanation after DWI cases dating back to October 2008 were dismissed or reduced.

In North Carolina, a person should be given the option of a breath or blood test when arrested for a DWI/DUI. Many people assume that a breathalyzer machine is just like any other machine- turn it on and it works. This is not always the case. Although widely used by police departments, they can produce an inaccurate reading. A criminal defense attorney can contest the accuracy of the breath test in a DWI case. Radio frequency interference, breath technician operator errors, improper calibration, and improper officer training are common examples that can produce an inaccurate reading. Mecklenburg County Police Department primarily utilizes the Intoximeter EC/IR II for breath tests in DUI/DWI cases.

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